What Is Serious And Willful Misconduct?

December 03, 2018
Sacks & Zolonz, LLP

A. The law imposes serious penalties on an employer for serious and willful misconduct that causes an employee injury, yet the law does not define what constitutes serious and willful misconduct. Every case is different and depends upon the particular facts at hand. The courts have generally held that the employer must actually know about a dangerous condition but deliberately fail to correct the situation.

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